HLS 12RS-828 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 575
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE: Provides relative to the disbursement of funds for the loss of
life opportunities of wrongfully convicted persons
AN ACT1
To amend and reenact R.S. 15:572.8(H)(2), (3), and (4) and to enact R.S. 15:572.8(H)(5),2
relative to compensation for wrongful conviction and imprisonment; to provide3
relative to the disbursement of funds for loss of life opportunities; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:572.8(H)(2), (3), and (4) are hereby amended and reenacted and7
R.S. 15:572.8(H)(5) is hereby enacted to read as follows: 8
ยง572.8. Compensation for wrongful conviction and imprisonment; petition process;9
compensation; proof; assignment of powers and duties10
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H.12
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(2) Compensation shall be calculated at a rate of twenty-five thousand14
dollars per year incarcerated not to exceed a maximum total amount of two hundred15
fifty thousand dollars for the physical harm and injury suffered by the petitioner to16
be paid at a rate of twenty-five thousand dollars annually. 17
(3) As In addition to the funds provided in Paragraph (2) of this Subsection,18
as compensation for the loss of life opportunities resulting from the time spent19
incarcerated, the court shall also review requests for payment and order payment, by20 HLS 12RS-828 ORIGINAL
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the petitioner for training, services, or classes as provided in Subparagraphs (a), (b),1
and (c) of this Paragraph, not to exceed eighty thousand dollars, which the court2
finds reasonable and appropriate dollars. Upon showing by the petitioner that he has3
enrolled in or has registered for such training, services, or classes, or upon proof of4
actual expenses incurred as a result thereof, the court shall order payment of funds5
for the loss of life opportunities, which the court finds reasonable and appropriate,6
from the Innocence Compensation Fund to:7
(a) Pay the costs of job-skills training for three years.8
(b) Pay for appropriate medically necessary medical and counseling services9
for six years to the petitioner at a mutually agreed upon location at no charge to the10
petitioner, but only if such services are not available from a state or other public11
facility, clinic, or office that is reasonably accessible to the petitioner.12
(c)(i) Provide expenses for tuition and fees at any community college or unit13
of the public university system of the state of Louisiana.14
(ii) State aid in accordance with this Subparagraph shall include assistance15
in meeting any admission standards or criteria required at any of the applicable16
institutions, including but not limited to assistance in satisfying requirements for a17
certificate of equivalency of completion of secondary education and assistance in18
completing any adult education program or courses.19
(iii) The right to receive aid in accordance with this Subparagraph shall be20
for ten years after the release of a petitioner who qualifies for aid. State education21
aid shall continue for up to a total of five years of aid when initiated within the ten-22
year period or until the degree or program for which the petitioner is authorized is23
completed, whichever is less, as long as the petitioner makes satisfactory progress24
in the courses or program in which he is enrolled. Aid shall be available for25
completion of any degree or program which the petitioner chooses and which is26
available from the applicable institutions.27
(3)(4) In determining the compensation owed to the petitioner, the court may28
not deduct any expenses incurred by the state or any of its political subdivisions in29 HLS 12RS-828 ORIGINAL
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connection with the arrest, prosecution, conviction, and imprisonment of the1
petitioner for a crime of which the board finds he was factually innocent, including2
expense for food, clothing, shelter, and medical services.3
(4)(5) A petitioner shall not be entitled to compensation for any portion of4
a sentence in prison during which he was also serving a concurrent sentence for the5
conviction of another crime.6
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 575
Abstract: Provides relative to the disbursement of funds for loss of life opportunities of
persons who were wrongfully convicted, requiring proof of enrollment or registration
or proof of actual expenses incurred.
Present law provides for the disbursement of funds up to $80,000 for the loss of life
opportunities of persons who were wrongfully convicted in order to pay for certain job-skills
training, education, or other medical and counseling services.
Proposed law retains present law but requires the petitioner to show that he has enrolled in
or has registered for such training, classes, or services, or provide proof of actual expenses
incurred as a result thereof.
(Amends R.S. 15:572.8(H)(2), (3), and (4); Adds R.S. 15:572.8(H)(5))